By Dewgem Yen

Martin (not his real name) has high hopes and ambition when he purchased his first home to start his own family. The property is located in a promising and prime area with immaculate view and easy access to major highways and roads.

His hopes are however short-lived. Slightly after a year of calling it home with his wife, problems crept up one after another. From the lack of security to what was supposedly lush landscaping has now evolved into a convenient garbage dumpster. Property maintenance too has not been up to par and many utilities were left to malfunction, some more than a few months, despite complaints and pleas from the residents. Frustration sets in and fearing for the safety of his wife and a newborn baby, Martin has decided to move out from the place he once called home.

What can you do under such circumstances?

Many believe that ignorance is bliss but in such a situation, the word ‘ignorance’ should well be ignored entirely. Surprisingly though, most house buyers are not aware of the right they possess to file complaints and stake claims against errant developers, especially those who failed to comply with the specifications as promised in writing. Cost and time too are factors which may discourage house buyers from taking the necessary legal action.

“Actually, all you need is only RM10 and you are on your way to file a claim against errant developers and make your stand,” says Hamdan bin Indah, Chairman of Tribunal for Homebuyer Claims, which is housed under the Ministry of Housing and Local Government.

The RM10, according to Hamdan, is the fee for administration purposes.

The Tribunal was established on 1 December 2002 following the amendments to the Housing Development (Control & Licensing) Act 1966. It exists as an alternative platform for homebuyers to resolve disputes with developers without the need to cough out a hefty sum of as one were to engage a lawyer. The Tribunal believes that justice must be made available to people of modest means, especially those who cannot afford the costs of conventional court proceedings.

“We do not allow lawyers in our Hearing Room,” Hamdan points out. The prosecutor and the defendant are the house buyers and developers themselves respectively while witnesses are allowed to be called upon to substantiate a statement or claim.

To engage the Tribunal’s services, some conditions must be fulfilled first (See The Tribunal’s Authority). For instance, claims must be filed no later than twelve months from the date of Vacant Possession and the sum claim must not be more than RM50,000.

There is also no need to worry about delayed court hearings for the Tribunal assures that it requires only two months to settle the dispute from the day the legal notice is served to the developers by the house buyers (See Filing and Registration Procedure and Hearing Procedure).

“Our motto is Simple, Inexpensive and Fast!”